Mississippi Supreme Court

Hand Down Lists
September 19, 1996

09/19/1996 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
X 93-CA-00798-SCT

Griffin, Curtis H. and Theresa Griffin v. Tall Timbers Development, Inc. and White Cypress Lakes Property Owners Association Appeal No. 23230 from Judgment dated JUNE 23, 1993, Hancock County Chancery Court; Affirmed in Part, Reversed and Rendered in Part. McRae, J., Concurs in result only. Appellants and Appellees are taxed equally with all costs of this appeal.


James L. Roberts Jr., J.
U 93-KA-01343-SCT

McClinton, James v. State of Mississippi Appeal No. 22312 from Judgment dated MAY 06, 1993, Washington County Circuit Court; Conviction of murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections and Payment of all costs Affirmed. Washington County is taxed with all costs of this appeal.


Chuck McRae, J.
U 92-CA-01328-SCT

Sanderford, Carol, as General Guardian and Parent of Stoney V. Sanderford v. City of Tupelo, Mississippi, and Jim Montgomery in his Official Capacity as the Representative for Harold Montgomery, Deceased Appeal No. 90083RL from Judgment dated JULY 31, 1992, Lee County Circuit Court; Judgment Affirmed. Lee, C.J., Concurs in result only. Roberts, J., Not Participating. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
U 93-KA-00645-SCT

Maxey, William v. State of Mississippi Appeal No. 92401CR1 from Judgment dated FEBRUARY 25, 1993, Lowndes County Circuit Court; Conviction of murder and Sentence of life in the custody of the Mississippi Department of Corrections Affirmed. Lowndes County is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 92-CA-00760-SCT

Courtney, Archie Wayne, Individually and Courtney Plumbing, Inc. v. Merchants and Manufacturers Bank and Holifield and Sons Wrecker Service Appeal No. 92460 from Judgment dated JULY 20, 1992, Jones County Circuit Court, Second Judicial District; Reversed and Rendered in Part; Reversed and Remanded in Part. McRae, J., Concurs in result only. Appellee is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
U 93-KP-00653-SCT

Jackson, Johnny v. State of Mississippi Appeal No. 7989 from Judgment dated MAY 03, 1993, Leake County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. Leake County is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
U 93-CA-00870-SCT

Howard, Joseph Lee v. Lynette Jordan (Howard) Appeal No. 17905 from Judgment dated APRIL 28, 1993, Holmes County Chancery Court; Judgment is Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 96-FC-00481-SCT

McIntyre, George and National Union Fire Insurance Company of Pittsburg, PA v. Farrel Corporation Appeal No. 593162 from Judgment dated APRIL 24, 1995, Fifth Circuit Court of Appeals; Certified Question Answered. Lee, C.J., and Mills, J., Concur in result only. Appellant and Appellee are taxed equally with all costs of this appeal.


EN BANC
89-R-99022-SCT

In Re: IOLTA DISPOSITION - On Court's own motion the disbursement and expenditure of IOLTA funds received by each of the following legal services organizations for the years 1994-95 and 1995-96 are hereby approved, authorized and ratified by the Court: Central Mississippi Legal Services, East Mississippi Legal Services, North Mississippi Legal Services, South Mississippi Legal Services, Southeast Mississippi Legal Services and Southwest Mississippi Legal Services, and the expenditure of funds from IOLTA grants for the years 1994-95 and 1995-96 by the Mississippi Supreme Court Advisory Committee on Rules for compensation and travel is approved, authorized and ratified. Pittman, J., Dissents. McRae, J., would deny the relief requested particularly the ratification for the last two years. Order entered.


EN BANC
89-R-99023-SCT

In the Matter of: Mississippi Plan of Specialization DISPOSITION - Petition of The Mississippi Bar for Adoption of Mississippi Plan of Specialization dismissed without prejudice. Order entered.


EN BANC
90-DP-00266-SCT

Williams, Jessie Derrell v. State of Mississippi Appeal No. 8310202 from Judgment dated JANUARY 20, 1990, Jackson County Circuit Court; DISPOSITION - Motion for Rehearing denied. McRae, J., Not Participating.


EN BANC
92-DP-00542-SCT

Davis, Kenneth L. v. State of Mississippi Appeal No. F73 from Judgment dated MARCH 15, 1991, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellant's Motion to Stay Execution Date Pending Disposition of Petition for Post-Conviction Relief granted. McRae and Smith, JJ., Not Participating. Order entered.


EN BANC
92-CA-00829-SCT

Moeller, Jr., Armin J. and Fuselier, Ott & McKee, P. A., Louis Fuselier, Emile C. Ott and Curtiss McKee, Individually v. American Guarantee and Liability Insurance Company Appeal No. 124266 from Judgment dated JULY 24, 1992, Hinds County Chancery Court, First Judicial District; DISPOSITION - On Court's own motion to correct the opinion issued in this case on September 5, 1996, the corrected mandate shall read as follows: "Parts I, IIB and IIIA Affirmed: Lee, C.J., Pittman, Banks, McRae, Roberts and Smith, JJ., Concur. Mills, J., Concurs in result only. Prather, P.J., Not Participating. Part IIA: Reversed and Remanded: Lee, C.J., Pittman, Banks, McRae, Roberts and Smith, JJ., Concur. Mills, J., Concurs in result only. Prather, P.J., Not Participating. Part IIIB Affirmed: Lee, C.J., Pittman, Roberts and Smith, JJ., Concur. Mills, J., Concurs in result only. Sullivan, P.J., Dissents with Separate Written Opinion joined by McRae, J. Prather, P.J., Not Participating." A corrected repaginated opinion is substituted. The parties are allowed an additional seven days from entry of this order to file a motion for rehearing. Order entered.


EN BANC
93-IA-00125-SCT

Lamar Corporation, A Louisiana Corporation, Successor to Lamar Advertising of Jackson, Inc., and Lamar Outdoor Advertising, Inc., Lessee v. State Highway Commission of Mississippi Appeal No. 44848 from Judgment dated JANUARY 29, 1993, Hinds County Special Court of Eminent Domain, DISPOSITION - Motion for Rehearing denied. Prather and Sullivan, P.JJ., and Pittman, J., would grant. Smith, J., Not Participating.


EN BANC
93-KA-00741-SCT

Catchings, Vernon Ray v. State of Mississippi Appeal No. 91113CRH from Judgment dated FEBRUARY 09, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion for Rehearing denied. Lee, C.J., Sullivan, P.J., Banks and McRae, JJ., would grant.


EN BANC
93-BA-01051-SCT

Mississippi Bar v. R. Charles Robb Appeal No. 92B845 from Judgment dated APRIL 08, 1993, Complaint Tribunal; DISPOSITION - Motion for Rehearing denied. McRae, J., would grant. DISPOSITION - Appellee/Cross-Appellant's Motion to Strike The Mississippi Bar's Response to Appellee/Cross-Appellant's Motion for Rehearing granted. Order entered.


EN BANC
UU 93-CC-01111-SCT

Pate, Sammy Lewis v. Belzoni Tractor Company and John Deere Insurance C Appeal No. 4932 from Judgment dated AUGUST 30, 1993, Humphreys County Circuit Court; Reversed and Rendered. Sullivan, P.J., Lee, C.J., Prather, P.J., Pittman, Banks and McRae, JJ., Concur. Smith, J., Dissents with Separate Written Opinion joined by Roberts and Mills, JJ. Appellee is taxed with all costs of this appeal.


EN BANC
XX 94-CA-00025-SCT

Holloman, Joan Williams v. Ronald B. Holloman Appeal No. 17303 from Judgment dated DECEMBER 06, 1993, Oktibbeha County Chancery Court; Reversed, Rendered, and Remanded for proceedings consistent with the Opinion of this Court. Smith, J., Prather and Sullivan, P.JJ., Pittman, Banks and Mills, JJ., Concur. Dan Lee, C.J., Dissents with Separate Written Opinion joined by McRae and Roberts, JJ. Appellee is taxed with all costs of this appeal


EN BANC
94-DP-01210-SCT

Conner, Ronnie Lee v. State of Mississippi Appeal No. 13490 from Judgment dated JULY 27, 1990, Lauderdale County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., and Banks, J., would grant.


EN BANC
95-CT-00046-SCT

Moss, Gus v. State of Mississippi Appeal No. 6819 from Judgment dated AUGUST 26, 1994, Grenada County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Moss denied. To Deny: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Lee, C.J. Order entered.